Legal Question in Criminal Law in California

my girlfriend is on felony probation with a 5 year joint suspension and she recently violated her probation will she go to prison ? r there any ways around it and how can she avoid going to prison ?should she turn herself in ?


Asked on 2/08/10, 8:46 pm

3 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

No lawyer could guess the odds of her going to prison based on the limited information you've provided. Being a fugitive is no way to live. If you're seeking legal representation for the probation violation, call me or call some other attorney in whom you have confidence.

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Answered on 2/13/10, 8:56 pm
Robert Marshall Law Office of Robert L, Marshall

Your girlfriend should definitely turn herself in. There's no guarantee what will happen either way, but a judge is a lot more likely to put her back on probation, instead of sending her to prison, if the cops have to go looking for her.

"Joint suspension" is jailhouse slang for a suspended prison sentence. There are two major reasons why judges sometimes sentence a defendant to prison, but suspend the sentence and put the defendant on probation -- as opposed to granting probation, but leaving the issue of the prison sentence to be decided if there is a violation.

1) Some felonies, known as "wobblers," can be reduced to a misdemeanor. Imposing a suspended prison sentence means the felony can never be reduced.

2) It sends a message to the defendant that the judge is very likely to send her to prison if he violates.

It's impossible to predict the outcome of this case without all of the facts. The judge could sentence her to prison for the balance of the suspended sentence, or she could be reinstated on probation, possibly with some additional jail time.

Please understand that this is a general discussion of legal principles by a California lawyer and does not create an attorney/client relationship. It's impossible to give detailed, accurate advice based on a few sentences on a website (and you shouldn't provide too much specific information about your legal matter on a public forum like this, anyway). You should always seek advice from an attorney licensed in your jurisdiction who can give you an informed opinion after reviewing all of the relevant information.

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Answered on 2/13/10, 9:00 pm
David M. Wallin Law Offices OF David M. Wallin

In short, I agrree with the previous attorneys....DON"T RUN.... While a joint suspended sentence is a serious issue, a lawyer might be able to convince the judge that it's only a technicle violation and try to get less than state prison time. I wish you the best...David Wallin

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Answered on 2/13/10, 10:41 pm


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